Conceptualizing "Data" and "AI" in World Trade Law

Abstract

This chapter examines how world trade law conceptualizes “data” and “artificial intelligence” (AI) in the context of the evolving global digital economy. It explores how trade law applies established frameworks to regulate data and AI while simultaneously experimenting with novel regulatory approaches in plurilateral agreements like the WTO Joint Statement Initiative on E-Commerce and Digital Economy Agreements (DEAs).

Trade law frames digital data variably as a tradable commodity, an infrastructure for services, intellectual property, electronic transmissions, and as a regulatory object. Trade law addresses the trade of AI hardware, software, and data components as well as the trade of AI products and the role of AI governance frameworks. This analysis reveals that trade law increasingly functions as a form of "data law" and "AI law," addressing issues of data and AI governance in instruments of international economic law.

Ultimately, the chapter calls for nuanced regulatory approaches that differentiate among different types of digital data and AI systems. It suggests that trade law’s evolution toward "digital economy law" demands greater transparency and inclusivity to address the broader societal, economic, and ethical challenges posed by data and AI in global governance.

Keywords: data law, data governance, AI governance, digital economy, AI law, JSI, DEA